RETIRED HIGH COURT JUDGE FERGUS BLACKIE ACQUITTED

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 001330

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER
LONDON FOR C. GURNEY
PARIS FOR C. NEARY
NAIROBI FOR T. PFLAUMER
BANGKOK FOR WIN DAYTON

E.O. 12958: DECL: 12/31/2013
TAGS: PGOV PHUM PINR ZI
SUBJECT: RETIRED HIGH COURT JUDGE FERGUS BLACKIE ACQUITTED

Classified By: Political Officer Audu Besmer for reasons 1.5 b/d

Summary:
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1. (C) In a ten-minute Magistrate's court session on June 30,
the state prosecutor Mrs. Ziyambi withdrew the state's case
against retired Judge Fergus Blackie. Blackie was arrested
on September 13, 2002 and accused of handing down a judgment
without consulting a fellow judge who also heard the case.
This occurred soon after Blackie had sentenced Minister of
Justice Patrick Chinamasa to a three-month jail term for
contempt of court. While Blackie's acquittal may have been a
small victory for the rule of law in Zimbabwe, and Blackie
himself, we have no reason to doubt that the GOZ will
continue to use the courts to put pressure on its opponents.
End Summary.

Acquitted
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2. (C) In a ten-minute Magistrate's court session on June 30,
the state prosecutor Mrs. Ziyambi withdrew the state's case
against Justice Fergus Blackie. Mrs. Ziyambi did not state
reasons for her withdrawal, but mentioned that she had gone
through the documents and made recommendations to the
Attorney General (AG) and the Director of Public Prosecutions
that the case should not proceed. Mrs. Ziyambi told the
court that the Attorney General or the Director might proceed
with the case in the future if they saw fit. The prosecutor
had intimated privately to defense attorney Firoz Girach in
discussions leading up to the trial, that she did not have
enough evidence to go forward. Defense attorneys also said
that the State's star witness, court secretary Cherith
Catherine Keen had made a written statement to police that
she took responsibility for the administrative error that
lead to the charges against Judge Blackie.


3. (C) Advocate de Bourbon commended Mrs. Ziyambi for the
principled stand she took, and said he hoped the Attorney
General and Director would follow suit. He stated that the
decision by the state to withdraw its case was well overdue,
and was undoubtedly the correct decision. Defense attorneys
said privately they were confident the Attorney General and
Director would not summon Blackie for trial due to
insufficient evidence.


4. (U) Justice Blackie was arrested on September 13, 2002,
just after he retired, on allegations of defeating the course
of justice or alternatively violating the prevention of
Corruption act. Blackie was accused of handing down a
judgment without consulting a fellow judge who also heard the
case. Blackie's judgment nullified a previous judgment
against Tara White. The official press alleged that Blackie
was having an affair with the defendant Tara White.

Retribution ?
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5. (C) The defense was prepared to argue that Blackie was
arrested soon after sentencing Minister of Justice Patrick
Chinamasa to a three-month jail term for contempt of court.
Chinamasa had publicly criticized a ruling by another High
Court judge, an offense punishable under Zimbabwean law.
Though Blackie was arrested in September 2002, the defense
said court documents indicated the police investigation of
the charges did not start until October 2002. Though the
Attorney General could have simply reversed Blackie's ruling
in the Tara White case, rather than arresting and humiliating
Blackie, the AG had not done that.


6. (U) Tara White was also arrested in September; that case
is technically still pending, however the state has not
pursued a trial date.


7. (C) After the proceedings, the prosecutor said privately
she done her time, and had had enough of this system and was
looking to transfer into the private or non-profit sector.


8. (U) American Federal Judge Bernice B. Donald was in Harare
representing the American Bar Association to meet with the
prosecution, defense, and law society representatives, and to
report back to the ABA on the rule of law in Zimbabwe.

Comment:
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9. (C) The fact that the state has withdrawn its case against
Blackie, has not pursued its case against Tara White, and has
not overturned the ruling Blackie made in the White case
serves to confirm that Judge Blackie was arrested for
political reasons - in retribution for the ruling he made
against Chinamasa, and to humiliate him. Other prosecutors
we have spoken to comment on the pressure they are under to
pursue convictions in such cases. Many have left the
profession, or are contemplating career changes. While this
may have been a small victory for the rule of law in
Zimbabwe, and Blackie himself, we have no reason to doubt
that the GOZ will continue to use the courts to put pressure
on its opponents. End Comment.
SULLIVAN